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Introduced Version House Bill 2168 History

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hb2168 intr
H. B. 2168


          (By Delegates Ferns, Fleischauer, Iaquinta,
Manchin, Miley and Poore)

          [Introduced February 13, 2013; referred to the
          Committee on Banking and Insurance then the Judiciary.]


A BILL to amend and reenact §33-15-14 of the Code of West Virginia, 1931, as amended, to amend and reenact
§33-16-10 of said code; to amend and reenact §33-24-43 of said code; to amend and reenact §33-25-20 of said code; and to amend and reenact §33-25A-31 of said code, all relating to permitting physical therapists, occupational therapists and the licensed assistants of nurse practitioners as being health care providers for insurance payment purposes; and prohibiting healthcare providers from discriminating, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick.
Be it enacted by the Legislature of West Virginia:
     That §33-15-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §33-16-10 of said code be amended and reenacted; that §33-24-43 of said code be amended and reenacted; that §33-25-20 of said code be amended and reenacted; and that §33-25A-31 of said code be amended and reenacted, all to read as follows:

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-14. Policies discriminating among health care providers.
     Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such the policy, plan or contract shall be construed to include payment to all health care providers including, but not limited to, medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license
and so long as the healthcare provider does not discriminate, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick . Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid providers.
          ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-10. Policies discriminating among health care providers.
                                            Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care providers including
, but not limited to, medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license and so long as the healthcare provider does not discriminate, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick . Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid providers.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE CORPORATIONS.
§33-24-43. Policies discriminating among health care providers.
                                            Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care providers including
, but not limited to, medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license and so long as the healthcare provider does not discriminate, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick . Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid providers.
ARTICLE 25. HEALTH CARE CORPORATION.
§33-25-20. Policies discriminating among health care providers.
                                            Notwithstanding any other provisions of0 law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care providers including
, but not limited to, medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license and so long as the healthcare provider does not discriminate, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick . Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid providers.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-31. Policies discriminating among health care providers.
                                            Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care providers including
, but not limited to, medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license and so long as the healthcare provider does not discriminate, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick . Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid providers.



                                            NOTE: The purpose of this bill is to specifically include
physical therapists, occupational therapists and the licensed assistants of nurse practitioners as being health care providers for insurance payment purposes. The bill prohibits healthcare providers from discriminating, in any manner, against or refuse to treat any person based upon the manner by which that person became injured or sick.

                                            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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